## rti--.BOEIND

JUL 0 9 

### 2 012

RA-12-02910 John A

. Hamilton
Lead Administrator Regulatory Admi n istration Commercia l Airplanes The Boeing Company P.O. Box 3707 MC 03-56 Seattle, WA 98124-2207

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, S

. E. Washington

, D.C. 20590

Subject:

Model: RA Project No.: EASA Project No.: EASALevel: Branch/Panel No.: Branch/Panel Name: Response Due:

Reference(s) :

Special Instructions :

T hi s let t e r is to s ubm it: Petition for Exemption from 14 CFR 25.7850)

, 25.795(b)(2)

, (c)(l) and (c)(3)

, 25.809(a)

, 25

. 810(a)(l) 25.857(e) and 25.1447(c)(l)

, Boeing Model 767-2C

, Supernumerary Carriage and Main Deck Access During Flight 767

- 2C PS09-086 3 

### N

I A
N/A ANM-10 6 B Certification Services October 12, 2012



### NIA

NIA

(X) Other: Petition for Exemption

The Boeing Company hereby petitions for an exemption for relief from 14 CFR 25.7850), 25.795(b)(2), (c)(l) and (c)(3), 25.809(a), 25.810(a)(l) 25.857(e) and 25.1447(c)(l), to allow the carriage of supernumeraries and main deck access during flight on the Boeing 767-2C freighter.

To support the 767-2C program schedule, The Boeing Company requests that the enclosed information be processed by October 12th, 2012

. Furthermore

, The Boeing Company requests to be notified when the enclosed petition processing has completed

.

## rp__lii'OEIND

Page 2

Waiver from Public Comment

This petition will not set a precedent and accordingly, The Boeing Company respectfully requests a waiver from the publication and public comment period of this Exemption. The Boeing Company believes that good cause exists to waive the publication and comment requirements of 14 CFR 11.85, 11.87 and 11.89.

This letter is being sent for:

(X) Posting to the Federal Docket

Please contact this office or the following individuals if you have further questions:

Project Administrator (P A):

Program Manager Certification Lead/Specialist: P. Guilford S. Gordon J. Flower G. Gillette 425-23 7-5981 425-237-6068 206-715-1768 425-266-7484

The information being forwarded to the FAA by or with this correspondence is for the exclusive purpose of support of applications for or amendments to Type Certificates.

Sincerely,

# ~d~$'o/' 

# k uglas

M. Lane ODA Deputy Lead Administrator (425) 237-1383, MC 03-56 FAX: ( 425) 294-9340

Enclosure: Petition for Exemption

cc Name
Jim Cashdollar Angelos Xidias Letter
EDT
EDT Enclosures
EDT
EDT Comments
ANM-100B ANM-100BRA

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### Petition for exemption from 14 CFR 25.785(j), 25.795(b)(2 ), (c)(1) and (c)(3), 25.809(a), 25.810(a)(1), 25.857(e), and 25.1447(c)(1)

A. Name and Address of the Petitioner

Doug Lane, Director, Regulatory Administration Deputy Lead Administrator The Boeing Company PO Box 3707 Seattle, Washington, 98124

B. Section of the Code of Federal Regulations (CFRs) that are affected

As provided for in 14 CFR 11.61(b), Boeing hereby petitions for ex emption from the following CFRs:

Regulation At Amendment Which Requires

14 CFR 25.785(j) 88 If seat backs do not provide a firm handhold, there must be a handgrip or rail along each aisle to enable persons to steady themselves while using the aisles in moderately rough air. 14 CFR 25.795(b)(2) 127 Airplanes with a maximum certificated passenger seating capacity of more than 60 persons or a maximum certificated takeoff gross weight of over 100,000 pounds (45,359 Kilograms) must be designed to limit the e ffects of an explosive or incendiary device as follows: Passenger cabin smoke protection. Means must be provided to prevent passenger incapacitation in the cabin resulting from smoke, fumes, and noxious gases as represented by the initial combined volumet ric concentrations of 0.59% carbon monoxide and 1.23% carbon dioxide. 14 CFR 25.795(c)(1) 127 Least risk bomb location. An airplane must be designed with a designated location where a bomb or other explosive device could be placed to best protect flight

- critical structures and systems from damage in the case of detonation. 14 CFR 25.795(c)(3) 127 Interior design to facilitate searches. Design features must be incorporated that will deter concealment or promote discovery of weapons, explosives, or other objects from a simple inspection in the following areas of the airplane cabin: Areas above the overhead bins must be designed to prevent objects from being hidden from view in a simple search from the aisle. Designs that prevent concealment of objec ts with volumes 20 cubic inches and greater satisfy this requirement. Toilets must be designed to prevent the passage of solid objects greater than 2.0 inches in diameter. Life preservers or their storage locations must be designed so that tampering is e vident. 14 CFR 25.809(a) 116 Each emergency exit, including each flightcrew emergency exit, must be a movable door or hatch in the external walls of the fuselage, allowing an unobstructed opening to the outside. In addition, each emergency exit must have means to permit viewing of the conditions outside the exit when the exit is closed. The viewing means may be on or adjacent to the exit provided noRA

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obstructions exist between the exit and the viewing means. Means must also be provided to permit viewing of the likely areas of evacuee ground contact. The likely areas of evacuee ground contact must be viewable during all lighting conditions with the landing gear extended as well as in all conditions of landing gear collapse. 14 CFR 25.810(a)(1) 114 Each non o ver

- wing Type A, Type B or Type C exit, and any other

non over

- wing landplane emergency exit more than 6 feet from the ground with the airplane on the ground and the landing gear extended, must have an approved means to assist the occupants in descending t o the ground. The assisting means for each passenger emergency exit must be a self

- supporting slide or equivalent; and, in the case of Type A or Type B exits, it must be capable of carrying simultaneously two parallel lines of evacuees. 14 CFR 25.857(e) 93 Cargo compartment classification. Class E. A Class E cargo compartment is one on airplanes used only for the carriage of cargo 14 CFR 25.1447(c)(1) 116 If oxygen dispensing units are installed, the following apply: If certification for operation above 25,000 feet is requested, there must be oxygen dispensing equipment meeting the following requirements: There must be an oxygen dispensing unit connected to oxygen supply terminals immediately available to each occupant wherever seated, and at least two o xygen dispensing units connected to oxygen terminals in each lavatory. The total number of dispensing units and outlets in the cabin must exceed the number of seats by at least 10 percent. The extra units must be as uniformly distributed throughout the cab in as practicable. If certification for operation above 30,000 feet is requested, the dispensing units providing the required oxygen flow must be automatically presented to the occupants before the cabin pressure altitude exceeds 15,000 feet. The crew must be provided with a manual means of making the dispensing units immediately available in the event of failure of the automatic system.



### C. The extent of relief being sought

Regulation Requires: Relief is necessary because: 14 CFR 25.857(e) Amendment 93 Only crew members can be carried on airplanes with a Class E compartment The 767

- 2C is configured with a Class E cargo compartment and has seating to carry up to eleven (11) supernumeraries in a seating compartment that is aft of the flight deck and forwa rd of the main deck cargo compartment.

Description of relief sought : To allow the 767

- 2C to carry up to eleven (11) supernumeraries, and to also allow them to access the Class E cargo compartment during flight for the care and/or inspection of cargo. 14 CFR 25.810(a)(1) Amendment 114 Passenger emergency exits

greater than 6 feet above the The forward entry and service doors of the 767

- 2C are equipped with inertia reel descent devi ces as the escape

means.RA

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ground must be equipped with a self

- supporting escape slide or equivalent Description of relief sought : To allow the 767

- 2C relief from the requirement that passenger emergency exits greater than six feet above the ground be equipped with escape slides.

14 CFR 25.809(a) Amendment 116 The likely areas of evacuee ground contact must be viewable during all lighting

conditions with the landing gear extended as well as in all conditions of landing gear collapse prior to

door opening The ground contact areas of evacuees using inertia reel descent devices from the forward entry and service doors are directly below the door sills, and therefore are not viewable through the doors’ view ports prior to the 767

- 2C entry and service doors being opened.

Description of relief sought : To allow the 767

- 2C relief fro m the requirement that the evacuee ground contact areas are viewable before the doors are opened.

14 CFR 25.785(j) Amendment 88 Handholds are required to allow persons to steady

themselves in moderately rough air In

- flight access of the 767

- 2C main deck Class E cargo compartment is being requested herein and handholds are not provided inside the compartment.

Description of relief sought : To allow 767

- 2C relief from the requirement that handholds be provided inside the accessible main deck cargo compartm ent.

14 CFR 25.1447(c)(1) Amendment 116 For each passenger in operations above

30,000 feet, an auto

- presenting oxygen dispensing unit is required, including a manual back

- up system and 10% overage, uniformly distributed. For supernumeraries seated insid e the supernumerary compartment, the 767

- 2C is configured with non

- auto presenting oxygen dispensing units that must be manually retrieved. There are no additional dispensing units nor is there a manual back

- up system to manually present masks. Also, there are no auto

- presenting oxygen dispensing units inside the main deck cargo compartment for persons accessing the compartment during flight.

Description of relief sought : To allow the 767

- 2C relief from the requirement that an auto

- presenting oxygen dispensing unit is required for each supernumerary that is seated or is inside the cargo compartment during flight (+ 10% additional outlets, uniformly distributed, and with a manual back

- up system to manually present masks).

14 CFR 25.795(b)(2) Amendmen t 127 To ensure (passenger) airplane security, means must be

provided to

prevent passenger incapacitation, considering the smoke, fumes and noxious gas

effects of an explosive or incendiary device The 767

- 2C will not be certified to this requirement beca use the requirement is associated with a typical passenger airplane and the 767

- 2C is an all

- cargo airplane.

Description of relief sought : To allow the 767

- 2C relief from the requirement that means must be provided to prevent passenger incapacitation from the smoke, fumes and noxious gases of an explosive or incendiary device.RA

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14 CFR 25.795(c)(1) Amendment 127 To ensure (passenger) airplane security, the airplane must

be designed for least risk bomb location The 767

- 2C will not be certified to this requirement because the requirement is associated with a typical passenger airplane and the 767

- 2C is an all

- cargo airplane.

Description of relief sought : To allow the 767

- 2C relief from the requirement that the airplane be designed for least risk bomb lo cation.

14 CFR 25.795(c)(3) Amendment 127 To ensure (passenger) airplane security,

the passenger cabin must be

designed to

facilitate searches for explosive or

incendiary

devices The 767

- 2C will not be certified to this requirement because the requirement is associated with a typical passenger airplane and the 767

- 2C is an all

- cargo airplane.

Description of relief sought : To allow the 767

- 2C relief from the requirement that the passenger cabin be designed to facilitate searches for an explosive or incendi ary device.



### D. Description of the Issue

Boeing Commercial Airplanes is currently engaged in the development of a Model 767

- 2C airplane, which is a commercially

- offerable freighter derivative version of the 767

- 200 passenger airplane.

The 767

- 2C airplane is a typical freighter airplane in that it is configured with a main deck Class E cargo compartment and with a supernumerary seating area aft of the flight deck and forward of the cargo compartment. A 9g net with adjacent smoke barrier separates the supernumerary seating area from the cargo compartment. The 9g net and smoke barrier are designed such that personnel can access the cargo compartment from the supernumerary seating area. Access means are provided on both the left

- hand and rig ht

- hand sides of the net and the smoke barrier.

As provided for in 14 CFR 11.61(b), Boeing hereby petitions for exemption to allow operators of the 767

- 2C to carry up to eleven (11) persons, commonly referred to as supernumeraries, and to allow them acces s into the main deck (Class E) cargo compartment during flight. Access is necessary when transporting certain live animals such as horses and/or to allow for potential inspection of other types of cargos such as hazardous materials. The maximum number of p ersons allowed inside the 767

- 2C main deck cargo compartment during flight is proposed to be the same as previous grants of exemption of this type; three (3) persons if no live animals are being carried and eleven (11) persons if live animals are being car ried.

The supernumerary seating area consists of eleven (11) seats, a galley/closet combination, a separate closet, a l avatory, a crew bunk module, two overheadRA

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### airplane equipment stowage boxes, and all required emergency equipment. A floor

level emergen cy exit and inertia reel descent devices are located on each side of the airplane inside the supernumerary seating area.

The categories of supernumeraries being requested to be carried is proposed to be limited by the Airplane Flight Manual (AFM) to those persons defined in 14 CFR 121.583(a)(1) through (a)(7).

E. Statement of No Adverse affect on Safety

The 767

- 2C supernumerary seating area is equipped with a pair of inward

- opening external doors. The doors’ structural opening in the fuselage is identica l to that provided on 767 passenger airplanes, however the clear ope ning now provided at the left

- hand exit no longer meets the minimum height dimension of 72” required of a Type A exit. A three inch reduction of the clear opening height was necessary beca use of interference between the two doors’ linings when both doors are fully open. As such, the clear opening provided at Door 1L exit is approximately 71”, which is a 3” reduction from the ove rsized height of 74” provided on 7 67 passenger airplanes. The clear opening widt h of 42” is retained on both exits , as is the 72” clear opening height of Door 1R exit . Based on the dimensions of the clear openings being provided and the number of persons requested to be carried, Door 1 L and 1R will be certified as an over

- sized Type I exit pair , which significantly exceeds the minimum exit requirement of a pair of Type III exits for seating configurations up to 19 passengers (ref. 14 CFR 25.807(g)(3))

. Both doors can be opened from either the inside or the outside of the airplane. Supernumeraries will be provided wit h unobstructed access to both exits . Due to the required pre

- flight briefing of these supernumerary personnel in the use of emergency equipment, flight crew assistance during an emergency evacuation will

n ot be necessary. As an alternative option to evacuating through the floor

- level exits, evacuation can also take place through the flight deck compartment’s left

- hand and right

- hand openable windows using the same escape ropes as those provided on all produ ction 767 passenger airplanes.

The 767

- 2C will be equipped with fifteen (15) inertia reel descent devices at both Door 1L and Door 1R exits . The quantity of devices installed is sufficient for all airplane occupants. These devices have been shown to be a s safe and effective as automatically

- erected escapes slides for evacuating a limited number of able

- bodied and properly trained supernumeraries. Numerous exemptions have been granted allowing such devices in lieu of escape slides on freighter airplanes ap proved for supernumerary carriage.

Section 25.809(a), Amendment 25

- 116, requires that each emergency exit have a means to permit viewing of the conditions outside the exit when the exit is closed, including viewing of the likely areas of evacuee ground contact. The viewing meansRA

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### for Doors 1 L and 1R are viewports with downward

- looking prisms. The viewing means for the openable flight deck windows are the windows themselves. Therefore, all 767

- 2C emergency exits permit viewing of the conditions outside the exit when the exits are closed. Once the airplane has come to a stop and prior to the exits being opened, viewing of the likely areas of evacuee ground contact (using either a rope from a flight deck window or an inertia reel descent device from Door 1L or 1R exit ) is not possible since the g round contact points will be directly underneath the aircraft. However, it should be noted that the downward

- looking prisms on the doors allow viewing of the ground as close as eight (8) feet to the actual ground contact points directly below the door sill s. As such, larger hazards in the vicinity of the ground contact areas below Doors 1L and 1R exits are able to be seen through the viewport pri sms before the floor

- level exit doors are opened.

One significant reason for the requirements of 14 CFR 25.8 09(a) at Amendment 25

- 116 is to prevent the deployment of an escape slide into a fire or other hazard, since the slide deployment is irreversible, and door re

- closure is prevented by the deployed escape slide and associated mechanism that connects the depl oyed escape slide to the airplane. In most cases, the presence of an external fire in the vicinity of the emergency exits would be readily and easily recognizable by the flight crew as the airplane rolls to a stop. In tho se cases, the flight crew would mos t likely command an emergency evacuation from either Door 1R or Door 1L exit if a hazard is not viewed through the door prism. However, if a small fire exists directly underneath either exit and if it was not detected prior to a person opening that exit, t he door can then be closed because there are no escape slides installed on the forward doors that would prevent door re

- closure. Door re

- closure is possible on 767

- 2C airplanes because they are equipped with inertia reel descent devices in lieu of escape s lides.

Additionally, the 767

- 2C airplane is configured with new body

- mou nted emergency lights at the forward exits , which provide illumination of the surrounding area and the ground contact areas in dark of night conditions. After emergency exit opening, and before evacuating through either Door 1L or 1R exit , an additional hazard safety assessment can be done of the evacuee ground contact areas by a person standing at the exit threshold by simply looking straight down through the open doorway. The local contour of the 767 fuselage does not inhibit seeing the ground contact areas directly below the door sill. The new body

- mounted exterior lights will fully illuminate the ground contact areas in all lighting conditions and for all combinations of gear colla pse. The combination of the emergency exits, the escape means, the new external emergency lights and the required pre

- flight briefing will provide an acceptable level of safety for the flight crew and for the supernumeraries requested to be carried aboard the 767

- 2C airplane, with respect to the requirements of 14 CFR 25.809(a) at Amendment 25

- 116.

While seated in the supernumerary seating area, each supernumerary will be provided with a quick don oxygen mask installed at their seat, immediately available

, that must be manually retrieved. Since these quick don oxygen masks are notRA

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### automatically prese nted nor is there a manual back

- up system to present the mask as required by Section 25.1 447(c)(1), Boeing will include an automatically

- a ctivated aural and visual alert system inside the supernumerary compartment to inform the supernumeraries by signals when to don oxygen masks . As a backup to the automated aural and visual alerts, the flight crew will be able to manually activate the alerts. Section 25.1447( c)(1) also requires that the number of oxygen dispensing units exceed the number of seats by 10% and be uniformly distributed . The intent of the 10% overage and the dispensing units’ u niform distribution requirements is to make oxygen available for use by flight attendants moving about the cabin and/or for children sitting on passengers’ laps. Since operation of the 767

- 2 C airplane will not require flight attendants and will also not be approved to carry children, Boeing requests tha t the 767

- 2C be exempt f rom these requirements of Section 25.1447(c)(1) as well.

Section 25.795 at Amendment 25

- 127 contains airplane design requirements for security considerations. Paragraph (a) specifies design requirements for flight deck doors and their bulkheads if a fligh t deck door is required by the operating rules. Since the 767

- 2C does not have a passenger cabin, it is not required by Section 121.313(f) to hav e a flight deck door. As such, Section 25.795(a) and its subparagraphs are not mandatory for the 767

- 2C. Per Section 121.313(j)(2), any airline operating the 767

- 2C under Part 121 must either implement a security program approved by the TS A for the operation of all airplanes in their fleet, or alternatively, upgrade the 767

- 2C flight deck door to meet the requirements of Section 25.795(a)(1) and (2). Since the 767

- 2C is designed with a non

- secure flight deck door, any Part 121 operators of the airplane would likely elect to comply with the option that requires a TSA

- approved screening program for occupants of all airplanes in their fleets.

Although the 767

- 2C does not have a passenger cabin in the context of the operating rules as mentione d above, it does have a small supernumerary seating compartment for eleven (11) persons. When granted, the exemption request herein for supernumerary carriage effectively transforms the 767

- 2C from a flight crew only airplane to an airplane approved to car ry supernumeraries, thereby making it ineligible to take advantage of the exceptions in Section 25.795(d), which specifically limit the application of Section 25.795 requirements to only subparagraphs (b)(1), (b)(3) and (c)(2). Although not directly pertin ent to the relief being requested herein, the 767

- 2C will comply with subparagraph (b)(1); subparagraph (b)(3) is not applicable because the 767

- 2C is not equipped with a cargo compartment using a fire suppression agent, and compliance with subparagraph (c )(2) is being addressed by an exception request based on direct compliance being impractical, as identified in the G1 Issue Paper.

With Section 25.795(a) not being mandatory t o the 767

- 2C and subparagraphs (b)(1), (b)(3) and (c)(2) being addressed as des cribed above, the re maining design requirements of Section 25.795 are found in subparagraphs (b)(2), Passenger Cabin Smoke Protection, (c)(1), Least Risk Bomb Location, and (c)(3), Interior Design toRA

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### Facilitate Searches. It is worthy of mention that these remaining requirements are applicable to large passenger airplanes yet are not applicable to all

- cargo airplanes like the 767

- 2C except for the fact that Boeing is requesting approval for the airplane to carry supernumeraries.

The FAA has characterized t his airplane applicability rationale (cargo airplanes vs. passenger airplanes) as being “risk based, e.g., commercial passenger operation is exposed to greatest threat with potentially greatest consequences” (ref. FAA Design for Security Standardization Wo rkshop presentation material, August 5/6, 2009). By comparison, all

- cargo airplanes represent a lesser threat in that they are not available to the general public nor are they approved to carry the general public. As implied in the Preamble to the Rule, ai rplanes that are eligible to app ly the exceptions contained in Section 25.795(d) are subject to supernumerary personnel screening and comprehensive security programs that restrict access to the airplane, which inherently reduces the risk of the airplane be ing used either as a weapon or as the target of concealing an onboard device. Access to all

- cargo airplanes is tightly controlled by practice and by regulation. All potential c ommercial operators of the 767

- 2C will be subject to such supernumerary personne l screening and airplane security programs (reference 49 CFR Part 1544, Aircraft Operator Security: Air Carriers and Commercial Operators).

Additionally, the supernumerary seating compartment of the 767

- 2C is ve ry small and if a device were ever found in side the compartment during flight, re

- locating it to a lesser risk location would not allow much benefit by comparison to leaving it where it was found. The same can be said for protecting the supernumeraries from smoke, fumes and noxious gases if the exp losive or incendiary device were to detonate in the small confines of the 767

- 2C supernumerary compartment during flight. And with respect to designing the interior to facilitate searches, the exception provisions allowed for all

- cargo airplanes in the rul e should continue to apply to the 767

- 2C when approved to carry supernumeraries because this class of passenger will be subject to screening and limitations that effectively eliminate the security concerns that the rule is intended to mitigate. Thus, as wi th the basic provision for Class E cargo compartments, the FAA should treat Section 25.795 consistently with other freighter exemptions with respect to this special class of passengers. As such, Boeing requests that the 767

- 2C be exempt from the requirements of Section 25.795(b)(2), (c)(1) and (c)( 3) based on the above rationale.

To provide an acceptable level of safety for supernumeraries performing duties inside the main deck cargo compartment during flight, a portable oxygen bottle with integr al full

- face mask will be provided for each person that can be inside the compartment at the same time. Procedures and airplane placarding will require that each supernumerary accessing the compartment take a portable unit with them. Additionally, an aural and visual alerting system will be provided inside the main deck cargo compartment. The alerts will be audible and visible to persons throughout the length of the compartment. The alerting systems are being p rovided to indicate to persons inside the compa rtment the need to immediately don theirRA

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### oxygen mask and return to their seat or, in the case of known or anticipated air turbulence, to immediately return to their seat.

The aural and visual alerts will both activate automatically upon either of the fol lowing two scenarios occurring in service: (1) a loss of cab in pressure event or (2) smoke being detected inside the Class E compartment. The procedure to be followed for these two scenarios are identical; the person(s) inside the cargo compartment will im mediately don their oxygen mask, initiate flow to it, and then return to their seat. Such instruction will be included in the required pre

- flight briefing to the supernumeraries, and wi ll also be included on required placards inside the seating area

.

In the event of known or anticipated air turbulence, the visual portion of the alerting system will be manually activated by a flight deck crewmember. The procedure to be followed for this scenario will be for the person(s) inside the cargo compartment to imm ediately return to their seat. Such instruction will also be included in the required pre

- flight briefing to the supernumerarie s, and the required placards

.

Access to the main deck cargo compartment is gained through either the left

- hand or right

- hand ac cess means provided in the 9g net and adjacent smoke barrier. The placards conspicuously located adjacent to the forward side of the left

- hand and right

- hand access means will include the following instructions :

Occupancy of cargo compartment is prohibited during taxi, takeoff and landing Access is limited to inspect/care for cargo Carry portable oxygen bottle when entering cargo compartment Cargo lights must be turned on when accessing the cargo compartment In the event of smoke or cargo fire, do not open access means Keep access means closed except during entrance and e gress If lights flash inside cargo compartment , return to seat If aural horns sound and lights flash inside cargo compartment , don oxygen mask and return to seat No smoking inside the cargo compartment

Handholds will be provided in the supernumerary seating area. Since installation of handholds inside the main deck cargo compartment is impractical, an acceptable level of safety will be provided by a flight crew procedure to manuall y activate the visual alert system inside the cargo compartment when turbulence is anticipated or is being experienced. The flashing lights inside the cargo compartment will indicate to persons inside the compartment the need to immediately return to their seats.

The supernumerary seating area will include all required emergency lighting systems. The emergency exit signs, emergency lights, exit locator signs and markings around Doors 1L and 1R exits will be retained from the production 767

- 200 passenger a irplane configuration.RA

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### All flight deck and passenger cabin emergency equipment and markers required by 14 CFR Part 25 will be installed.

The supernumera ry seating compartment will have protection from hazardous quantities of cargo smoke, flames, or noxi ous gases via the smoke barrier that separates the supernumerary seating area from the main deck cargo compartment. Flight tests for smoke penetration into occupied areas are planned, including taking into consideration that persons may be exiting the carg o compartment through the open access means.

The AFM will include the requirement for the flight crew to provide a pre

- flight briefing to the supernumeraries relative to the use of emergency exits and escape means, use of emergency equipment, and procedur es for entering a nd exiting the Class E cargo compartment during flight

, including instructions regarding the aural and visual alerting signals inside the cargo compartment . The AFM will also include flight crew procedures related to the operation of the same alerting systems.

Based on the configuration of the 767

- 2C airplane and the operational limitations listed in the AFM, which are typical of a freighter airplane approved to carry supernumeraries and also approved for Class E cargo compartment access during flight, there will be no adverse effect on safety associated with a grant of exemption of this type. Numerous similar exemptions have been previously granted. The most pertinent to the 767

- 2C and the relief being requested herein include Exemptions No. 8248, 8258, 8536A, 8587A, 8590B, 9779, 9779A, 9793, 9793A, 9793B, 9696 and 9968.

Being very similar to other grants of its type, Exemption No. 9696 is of particular interest in that the grant originally specified that specific airplane design requirements be listed in the Limitations section of the airplane’s AFM. The FAA subsequently re

- issued the grant, correcting that error by removing such design requirements from the Limitations section of the AFM.

Exemption No. 9793C serves as another example, however not corrected, in that the details of the access means placard and the main deck alerting system performance requirements (found in items #10 and #11 of the grant) are required to be included in the Limitations section of the airplane AFM.

Boeing acknowledges the FAA's need to specify certain airplane design requirements as conditions of a grant, but such design requirements should not be required to be listed in the Limitations section of an AFM. Boeing hereby requests that the FAA consi der this aspect when preparing the grant of exemption for the 767

- 2C.RA

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### F. Statement of Public Interest

Granting this petition is in the public’s interest because doing so allows potential commercial operators of the 767

- 2C to transport certain cargos that require care and/or inspection during flight to ensure that such cargos are carried efficiently and safely. Having supernumeraries immediately available for carg o handling and cargo management reduces operational costs by not having supernumeraries take separate commercial flights to the cargo destination, which also reduces the turn

around time for the cargo carrier. This serves the overall public interest by vir tue of the net cost savings for cargo shipment, resulting in lower costs for goods and materials transported as air cargo, as ultimately reflected in lower consumer costs for goods transported as air cargo.

G. Request for Waiver of Publication

The petitioner requests that this petition for exemption not be delayed by the public process, which includes publication of the subject petition

. Many similar exemptions have been granted allowing supernumeraries to be carried on all

- cargo airplanes and also allowing them access into the Class E cargo compartment during flight. The regulations from which relief is being requested are similar to other grants of exemption except for the addition of Section 25.795, which includes exceptions to its requirements fo r all

- cargo airplanes. As such, Boeing believes good cause exists for the FAA to consider waiving the publication and comment requirements of Sections 11.85, 11.87, and 11.89.

H. Privileges of this Exemption Outside the United States

Per 14 CFR 11.81(h), Boeing reques ts that the privileges of this e xemption , if granted, be extended outside the United States. This extension of privileges is necessary for operations based within foreign countries having bilateral agreements with the United States a ccepting 14 CFR Part 25 as their airworthiness standards for tra nsport category aircraft. The 767

- 2C is being offered to the global market place.

I. ConclusionRA

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### The 767

- 2C airplane is a commercially

- offerable freighter derivative version of the 767

- 200 p assenger airplane. In order to carry cargo efficiently and safely, the 767

- 2C is configured to carry up to eleven (11) supernumeraries in a dedicated seating compartment located between the flight deck and the Class E cargo compartment. In order to facilit ate the carriage of specialized cargos such as large, live animals and/or hazardous materials, the 767

- 2C is also configured to allow supernumerary access into the Class E cargo compartment during flight. Many similar exemptions of this type have been gran ted by the FAA. Based on the 767

- 2C configuration and the proposed AFM limitations regarding supernumerary carriage and main deck cargo compartment access during flight, there will be no adverse effect on safety associated with a grant of exemption in this case.